Key Cases:Western Excavating v Sharp

September 17, 2013 by Tom Street

Western Excavating v Sharp [1978] ICR 221[1] When attempting to take an employer to the tribunal for Constructive unfair dismissal one of the key cases that has to be considered is that of Western Excavating v Sharp. This case lays out the foundation elements to create constructive dismissal. The facts of the case are fairly … Read more

Key Cases: Iceland Frozen Foods v Jones

September 17, 2013 by Tom Street

Range of Reasonable Responses: Iceland Frozen Foods v Jones [1983] ICR 17[1] When considering whether a misconduct dismissal was fair or not, the Tribunal not only looks at whether the employer had a reasonable belief that the employee was guilty of the misconduct (as in the Burchell test laid out in BHS v Burchell) but they … Read more

Key Cases: British Home Stores v Burchell

September 16, 2013September 16, 2013 by Tom Street

The Burchell Test: British Home Stores v Burchell [1978] IRLR 379[1] When a tribunal is trying to decide whether a dismissal for misconduct is fair or unfair a case that they will almost certainly look at is that of BHS v Burchell which is the basis for the Burchell Test. In this case an employee was … Read more

Key Cases: Polkey v A E Dayton Services Ltd

September 16, 2013 by Tom Street

Polkey v AE Dayton Services Ltd [1987] UKHL 8[1] This case brought about the Polkey rule which although was formulated in a case to do with redundancy it is applicable to all other dismissals as well. The facts in this case are very simple. The employee Mr Polkey worked as a van driver for 4 … Read more